BGH deals with copyright infringement lawsuit against ad-blocker

New approach before the Federal Court of Justice: Media company Axel Springer intends to stop an ad blocker through copyright law.

, and John Stellmacher

2024 July 25 . 3:49 AM

2 min read

Publishing houses like Axel Springer see in ad blockers like ABP from Eyeo a threat to the... — Publishing houses like Axel Springer see in ad blockers like ABP from Eyeo a threat to the financing of independent journalism.

Internet - BGH deals with copyright infringement lawsuit against ad-blocker

The Federal Court of Justice (BGH) will examine a claim by Axel Springer media company in Karlsruhe on Thursday (9:00 am) regarding an ad-blocker on websites. The publisher argues that the ad-blocker infringes upon its copyright through an unauthorized modification of its website programming. The claim failed in lower courts.

According to the Hanseatic Higher Regional Court in Hamburg, the influence on the program flow by the ad-blocker is not considered a modification of the program. It remains unclear whether the files transmitted to the user upon website request are protected as computer programs and whether the publisher holds exclusive usage rights. It is uncertain whether a judgment will be rendered on Thursday. (Case No: I ZR 131/23)

Axel Springer has been attempting for years to stop the ad-blocker Adblock Plus legally. In 2018, the publisher lost a competition lawsuit. The BGH saw no unfair competition or unlawful aggressive business practices in the offer of the Cologne company Eyeo. The BGH ruled that the decision on the use of the ad-blocker lies with the user of the websites and not with the defendant company. (Case No: I ZR 154/16 - Judgment of 19.4. 2018)

Despite previous setbacks in lower courts and a lost competition lawsuit in 2018 at the BGH (Case No: I ZR 154/16), Axel Springer is once again challenging the legality of the ad-blocker in Germany's Federal Court of Justice in Karlsruhe.
Media companies in Germany, including Axel Springer, argue that ad-blockers infringe upon their copyrights by making unauthorized modifications to website programming, thereby affecting their advertising revenues on the Internet.
The Federal Court of Justice in Karlsruhe will examine the claim by Axel Springer against Adblock Plus on Thursday, potentially setting a precedent for other media companies facing similar issues with ad-blockers on their websites.
Regardless of the outcome of this latest case, Axel Springer's legal battles against Adblock Plus reflect the ongoing tension between the evolving digital landscape and the traditional business practices of media companies in Germany.